then everything asked of them -- they have done everything asked of them since they opened 16 years ago. they installed a security system. they employed security cards inside. when this incident arose, when it began -- when they became aware of it, they called the police. after the incident occurred, they met with the police. they have done everything in their power to prevent incidents like this from happening. the problem is that incidents do happen outside of business establishments. it is not their fault. the reason that we are here today is because they're being terminated for the least. what you may not know is that a month before the shooting occurred, they were informed that there was raw sewage from the port's sewage pipes leaking

into the bay. when they became aware of that, they spent over $20,000 of their own money to replace rusted and corroded pipes of the port's that were dumping sewage into the bay. in the course of these proceedings, they realized that the ports sewage pipes are broken, that the port's sewage pipes underneath here 50 are right now as we speak leaking sewage into the bay. when they told the court this, the port did not take responsibility, and within two to three weeks, terminated the leases. we believe that this shooting, while tragic, is not the real reason that they are being terminated here. we believe that because there have been other violent incidents in other for establishments.

even inside for establishments. those establishments were not shut down. this occurred outside, not in the club. police confirmed that it did not arrive because of an altercation that occurred inside. the san francisco entertainment commission has agreed this is not the club's fall. this death, while tragic, is not their fault, and we ask you, as commissioners, that this is the time that your role can play a role. you can look at what your staff is saying and say, "is this just? is this the real reason they are being terminated? and look at why they are being retaliated against, singled out, of all the other establishments on the port. why they are being singled out. other establishments have had incidents of violence. they are not being terminated.

>> thank you very much. next speaker, stephanie dalton. >> good afternoon. i write the urban music newsletter, and i manage several working musicians in the city, and many of the musicians that i book and manage perform at jelly's, and i want to talk about the devastating loss of income that will bring to the music community because they regularly higher than and put on some great shows that never in my 16 years of me attending personally, have i ever had a problem or felt concerned. the outgoing commissioner talked

about a family, and what you have is a community of people that will be definitely displaced. it will be a tragedy to see another venue fall. i believe shelley's is the victim of

know they're busting. >> thank you very much. next speaker. jake jacobs. >> hi, my name is jake jacobs. i am a dance instructor. also a musician. i've been doing this for about as long as it's been open, about 16 years. i want to speak to two levels, one an aesthetic level. i want to reinforce what ms. dalton was saying, that there aren't that many venues for latin music and dance. everybody likes latin music and dance. this young lady can attest o'. the crowd that attends, there's

very -- rarely any problem i don't think i've ever witnessed a problem either. basically there to dance and they don't drink that much. it's not a very profitable business in some ways. taking that away will hurt many, someone speak in favor for keeping it in open for that reason. on a practical level, the port has made public statements that this is a public safety issue. i don't think it's the port's responsibility to take vengeance upon this tragic death. joey's in a very expansive area. i would say it provides more

security now than anybody else. you know, there's no people patroling the parking lot. it can't be responsible for every bit of area around it. it is in a fairly separated area. joey's did provide the security and that was validated also by the entertainment commission when they spoke with the bay view police. the entertainment commission removed joey's permits. they have every right to take it away. i think now they have even even have the power to shut down the club. but they went through 17 items with the police department, and joey's, who had a very old permit, was in compliance with 14 of them, even though that joey's original permit only had three stipulations. and the other three joey's was committed to doing. if the police department is satisfied with the public safety

efforts made by joey's, then i have to insist that the port should be satisfied as well. thank you. >> david henderson? >> wow, what a day. congratulations to the commander and all of you for doing a great job. my name is dan henderson. i reviewed the very fers lease here 16 years ago. i've been doing commercial real estate for about 25 years in east bay. also over here out of state. it's horrible when anybody gets shot. there's no doubt about that. but my understanding is i was there the day after, and the place was tagged. it was my understanding, people recognized the symbols that were spread on the trash cans. i'm not here to make any judgments on anybody. any time someone gets hurt, that's something. i haven't gone to joey's.

you want to talk about tragedy, she lost her parents when she was 12 years old. she and her three sisters are lawyers, they're the people that are the fabric of this community for generations. there's probably 20 people that are in her family with all her sisters that work or have worked at joey's. these people are san francisco. just like the giants season ticket holders. these people have been here. she has run clubs. she made all five of bill graham's clubs. hired and fired every waitress. every time i've got to joey's, there's two guys standing outside. she has had a lease one year at a time for 16 years. and yet she spent over a half million dollars on your property.

i'm in commercial real estate. we can all do the math. divide it by 12%. that's the money. i don't know about the types. i'm not aware of all that. but certainly i'll review it. and no doubt, tragedy is tragedy. but that has nothing to do. that's outside. we go and walk over and see giants, whatever venues, whatever is going on with the venue. when you have that big of an expansion, what are you going to shoot? the people are going to come to an open area. they said two guys showed up, a guy was drawn out, so he had nothing to do. they don't recognize -- they didn't recognize who the guy was. it wasn't like he was a regular there. they have nothing to do with

joey's. an incident happened in their restaurant bar. so i know san francisco. they have a place in the mission. they took a shot down there. it provides a good, safe environment. a bad incident happened. >> we're talking about the builder? >> i came from sacramento. actually, part of sacramento. we have a strong and salsa-type music following. so a lot of us came down here in san francisco to joey's specifically on sunday's. so i know as far as all my

companions from sacramento that we really enjoy jelly's. and we'll certainly regret it. all of us have felt safe at joey's, it advocated a clean, healthy, fun environment. i'm not aware of the details. i don't believe this is something that was due to joey's and their way of operation. i'd like to express my support for continuation of joey's. thank you. >> for public comment -- >> good morning. i'd like to speak about the waterfront land use plant study.

>> this is situation is intolerable. to break up a club and put up a tower, which is against the waterfront plan use specifications that they should connect the land to the bay is crazy. they speak out of two sides of their mouth. that's called corruption. this is not about money and greed. hundreds of car garages is wrong. it's an already difficult situation we have now, so how could you approve a plan like this?

it's ridiculous. all we can think of is what's behind all this. and so we urge you to retract that and go back and study this. this is disrupting the whole waterfront. secondly, last night my son called me to say, gone to berlin. go outside and see how it's turning around. this is not right, especially with the historic ferry building. i tell you when you're right most of the times in waterfront. they've done a beautiful job. all these renovations got done.

this is so badly flawed. it's not what the people want. so please go back and review this and see that it's not right. especially with the waterfront plants with the bay. it's not right to block the buildings that we live in. so please, go back and go to the drawing board and see that it's a wrong decision. thank you. >> lee radder in. >> radner. >> good afternoon, commissioners. lee radner from golden gateway, executive director. i have some material i'd like to read.

they sent out an alert this morning. we'll try to read it in the three minutes allotted. he has joined our neighborhood coalition partners and otherings as a party to a lawsuit that has been filled -- filed, excuse me with the san francisco superior court on wednesday, august 18, 2010. the legal action filed against the city was precipitated in our view by the violation of ceqa. our attorney's legal interpretation of the coalition lawsuit is described in the following paragraph, and i quote. ceqa applies to any action that may have a significant environmental impact. it is important that environmental review occur as early as possible. it's not just a prow forma rubber stamp of a project that

was already approved. the california supreme court recently ruled that actions short of an official project may be illegal if they move the project momentum significantly forward. the city of san francisco has, in my view, violated ceqa and allowing the planning commission to adopt a resolution that "recognizes the design principles and recommendations of the northeast embark der row study for new development in this area." without first satisfying an a.i.r., it has guidelines for site design, articulation and quality materials based on the planning commission's "recognition" of the study. the port of san francisco to consider the principles and recommendations in the study as part of its review of proposals and improvements. after that happened, a revised

application for the eight washington project incorporated increased heights recommended by the study. the lawsuit requests that the san francisco superior court issue a mandate ordering the planning commission to rescind its action taken relating to the study and to refrain from further consideration of the study and its guidelines until an e.i.r. is certified. the community coalition includes neighbors can reserve the waterfront, telegraph hill, golden gateway tenants association, the san francisco neighborhood network, and the san franciscans for reasonable growth. i might add today, i've got twole cas of other groups who have asked to join this coalition. i want to thank you. in the meantime, i have provided the petition and the press release that we provided the community. i have three copse for the

commissioners and one for ms. moyer. thank you. >> any other public comment? motion to adjourn? >> so moved. >> second. >> all in favor? >> aye. >> thank you. >> many people aref

this building was built in 1936. as a board to preserve the history and make the students

aware of that history. the partnering between sfmoma and the arts commission means they will be more aware of the artwork that we have here, the artists that painted a, and the history behind this itself. >> students came from george washington, and it was wonderful to have them on a panel. people from the school board, those who have been painting for years, some conservative errors from the getty. to have them tell us about the works of their school was important. it represents african-american artists to during the 20's and 30's used an incredible body of work. it is one of the most

incredible works of art in the city, bar none. it is a huge mural of incredible works. >> the san francisco civic arts collection has been in existence since the turn of the century. it consists of everything from monument to golden gate park to market street, other works in the collection, from the wpa era, the quite tower, the works from the george washington high school. we have the contemporary education, where they depict some of the vocational arts that were taught at george washington high school. what is interesting is the artist's and corp. of some of the -- incorporation of some of the architectural elements. they used the speaker from the p a system as part of the design. on the opposite side of the library, we have a large fresco

which depicts the academic subjects that were taught at the time. it serves as a foil to the other fresco in the library, we have academic subjects on one side, vocational subjects on the other, and result is the concept of a well-rounded education. additionally, what we plan to do is the academy of hospitality and tourism will be part of, so the students can share with other students, faculty, the neighborhood, and others to come by and what to look to the artwork we have. >> by working with the students, we hope to raise awareness of the collection and foster stewardship.